However, the law will remain in place.
The Sultan of Brunei, Hassanal Bolkiwah, has made a public announcement saying that the country will not enforce the death penalty for gay sex. The move comes less than two months after the law was announced to be coming into effect, and follows a global campaign against it.
Boycotting campaigns of Brunei-owned hotels were started by Hollywood star George Clooney. His campaign was backed by figures like Sir Elton John and Dua Lipa, and last month the TV Choice Awards announced it wouldn’t hold its awards ceremony at the hotel over the new laws. Sir Richard Branson also called on businesses in countries hostile to LGBTQ rights to lobby for equal laws.
In the statement, which in a rare move was translated into English, the Sultan said: “I am aware that there are many questions and misperceptions with regard to the implementation of the SPCO [Syariah Penal Code Order]. However, we believe that once these have been cleared, the merit of the law will be evident.
“As evident for more than two decades, we have practised a de facto moratorium on the execution of death penalty for cases under the common law. This will also be applied to cases under the SPCO which provides a wider scope for remission.”
He added: “Both the common law and the Syariah law aim to ensure peace and harmony of the country. They are also crucial in protecting the morality and decency of the country as well as the privacy of individuals.”
When the law was initially introduced, the government of Brunei released a statement attempting to defend it. “The Syariah Law, apart from criminalising and deterring acts that are against the teachings of Islam, it also aims to educate, respect and protect the legitimate rights of all individuals, society or nationality of any faiths and race,” it read.
However, even though the death penalty will not be enforced, homosexuality will remain illegal in Brunei, and people convicted will face a maximum jail sentence of ten years, and potentially 40 lashes with a cane.
Posting on Facebook, The Brunei Project, an LGBTQ organisation in the country warned that little would change. “The fact that these laws are not being repealed remains a concern,” they wrote.
“They should never have been implemented in the first place and there is nothing stopping the Brunei Government from lifting the moratorium at any time. LGBT+ Bruneians may still be fined, whipped or jailed.”
And even though the death penalty may not be enforced, there are still a few countries like Iran or Qatar where the punishment is still in place.
There are several charities that help LGBTQ people living in countries with discriminatory laws, including All Out, Amnesty International, Human Rights Campaign, Human Rights Watch, Rainbow Riots and Stonewall. Donations are essential.
You can also contact your local representatives to encourage them to speak out against discriminatory laws.
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